NY State Senate Bill 2019-S1130A

Senate Bill S1130A

2019-2020 Legislative Session

Relates to notification requirements for a seven day license to sell liquor at retail for consumption off the premises

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2019	recommit, enacting clause stricken vote reconsidered - restored to third reading returned to senate recommitted to economic development substitution reconsidered recalled from assembly
Jun 13, 2019	ordered to third reading rules cal.113 substituted for a3326a
Mar 19, 2019	referred to economic development delivered to assembly passed senate
Feb 26, 2019	amended on third reading (t) 1130a
Feb 04, 2019	advanced to third reading
Jan 29, 2019	2nd report cal.
Jan 28, 2019	1st report cal.67
Jan 11, 2019	referred to commerce, economic development and small business

Votes

- Mar 19, 2019 - Floor Vote
  S1130A
  
  42
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 19, 2019
      
      aye (42)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Little
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
      
      excused (1)
      
      O'Mara
  Jan 28, 2019 - Commerce, Economic Development And Small Business Committee Vote
  S1130A
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Jan 28, 2019
      
      aye (7)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Kaplan
      
      Sanders Jr.
      
      aye wr (2)
      
      Helming
      
      Persaud

Bill Amendments

Original

A (Active)

2019-S1130 - Details

See Assembly Version of this Bill:: A3326
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§110-a & 110-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8311, A11559
2011-2012: S3695, A4597
2013-2014: S2818, A1534
2015-2016: S4359, A1292
2017-2018: S2456, A4351

2019-S1130 - Summary

Relates to notification requirements for a seven day license to sell liquor at retail for consumption off the premises.

2019-S1130 - Sponsor Memo

                                
 
BILL NUMBER: S1130

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
requiring notice to the appropriate community board of any application
for liquor store license in a city having a population of one million or
more

 
PURPOSE:

Requires an establishment to give notice to the appropriate community
board not less than thirty days prior to the submission of an applica-
tion for a license to sell liquor in the city of one million of more.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the alcoholic beverage control law by adding a new
subdivision i-b to Section 63. This subdivision requires an applicant
for a license to sell liquor for consumption off the premises in New

York City to notify the community board with jurisdiction over the area
in which the licensed premises are to be located before submitting such
an application to the State Liquor Authority.  (Community boards in the
city of New York are established pursuant to section twenty-eight
hundred of the New York City charter). This subdivision requires that
the appropriate community board be notified by certified mail, return
receipt requested, not less than thirty days prior to the submission of
the liquor license application. The community board will then have the
opportunity to express an opinion for or against the granting of such
license. Any opinion expressed by the board will become part of the
record upon which the State Liquor Authority makes its decision to grant
or deny the new license.

 
EXISTING LAW:

 
JUSTIFICATION:

Liquor retailers serve a need in New York City. While contributing to
the local economy, they provide consumers with a valued product.  Howev-
er, a proliferation of liquor stores in a small community can lead to
unintended consequences. An inundation can scare away other types of
business. Similarly, a crowd of retailers can negatively alter the char-
acter of a neighborhood. It is only fair that community members be given
an opportunity to voice their concerns about possible future liquor
stores.

Currently, applicants for licenses to sell beer, wine, and liquor for
consumption on the premises in New York City are required to notify the
local community board of their intentions at least thirty days prior to
the submission of their application. This legislation would extend that
practice to include applicants seeking to sell liquor and/or wine for
consumption off the premises. Without this law, a community board can be
caught off guard by the opening of a new liquor store in an already
crowded district.

As representatives of their community, community boards are able to
relay the residents' concerns regarding liquor licenses to the State
Liquor Authority. This legislation would allow the Authority to make a
well-informed decision on the impact of a new liquor license in a given
area. It gives the community members, the people most affected by the
introduction of a new liquor store, an opportunity to have their voices
heard before any license is granted.

 
LEGISLATIVE HISTORY:

2017-18: S.2456/A.4351A
2015-16:  S.4359/A.1292
2013-14: S.2818/A.1534
2011-12: S.3695/A.4597

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1130 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1130
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   requiring notice to the appropriate community board of any application
   for liquor store license in a city having a population of one  million
   or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 63 of the alcoholic beverage control law is amended
 by adding a new subdivision 1-b to read as follows:
   1-B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OF  AN  APPLICATION
 FOR  A LICENSE UNDER THIS SECTION, THE APPLICANT SHALL NOTIFY THE COMMU-
 NITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF  THE
 NEW  YORK  CITY  CHARTER  WITH  JURISDICTION OVER THE AREA IN WHICH SUCH
 LICENSED PREMISES IS TO BE LOCATED BY  CERTIFIED  MAIL,  RETURN  RECEIPT
 REQUESTED,  NOT  LESS  THAN  THIRTY  DAYS PRIOR TO THE SUBMISSION OF ITS
 APPLICATION FOR A LICENSE UNDER THIS SECTION.  SUCH COMMUNITY BOARD  MAY
 EXPRESS AN OPINION FOR OR AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH
 OPINION  SHALL  BE DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD
 MAKES ITS DETERMINATION TO GRANT OR DENY SUCH LICENSE.
   § 2.  This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06082-01-9

2019-S1130A (ACTIVE) - Details

See Assembly Version of this Bill:: A3326
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§110-a & 110-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8311, A11559
2011-2012: S3695, A4597
2013-2014: S2818, A1534
2015-2016: S4359, A1292
2017-2018: S2456, A4351

2019-S1130A (ACTIVE) - Summary

Relates to notification requirements for a seven day license to sell liquor at retail for consumption off the premises.

2019-S1130A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1130A

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
notification requirements for a seven day license to sell liquor at
retail for consumption off the premises

 
PURPOSE:

Requires an applicant for an off-premises liquor license to give notice
in the same manner as an applicant for any other kind of liquor license.
Current law does not specify that an applicant for an off-premises
license needs to notify local community boards, municipalities, or post
in newspapers.

 
SUMMARY OF PROVISIONS:

Section 1 adds provision that any applicant for a license for off-site
consumption shall publish a public notice of that application.

Section 2 amends section 110b of the alcoholic beverage control law to
include the applicant for a license for off-site consumption to notify
the municipality, including a community board, in case of a new applica-
tion, alteration, renewal, or substantial corporate change.

 
EXISTING LAW:

 
JUSTIFICATION:

Applicants for an off-site license to sell liquor are currently exempt
from the same reporting criteria as other holders of liquor licenses.
Accordingly, liquor store licensees have not notified community boards,
the general public, or municipalities of their application for a
license, or the modification or renewal of their license. This bill
closes this loophole and makes liquor stores and other off-site licen-
sees follow the same notification procedures as other licensees.

 
LEGISLATIVE HISTORY:

2017-18: S.2456/A.4351A
2015-16:  S.4359/A.1292
2013-14: S.2818/A.1534
2011-12: S.3695/A.4597

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1130A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1130--A
     Cal. No. 67
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment  and  Small Business -- reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   notification  requirements  for  a seven day license to sell liquor at
   retail for consumption off the premises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 110-a of the alcoholic beverage
 control law, as added by chapter 77 of the laws of 1999, is  amended  to
 read as follows:
   1.  Every  person  applying  for a license to sell alcoholic beverages
 pursuant to subdivision four of section  fifty-one,  or  section  fifty-
 five, SIXTY-THREE, sixty-four, sixty-four-a, sixty-four-c, eighty-one or
 eighty-one-a  of  this  chapter shall publish notice thereof pursuant to
 subdivision two of this section.
   § 2. Paragraphs (a), (b), (c) and (d)  of  subdivision  1  of  section
 110-b  of  the alcoholic beverage control law, paragraphs (a) and (b) as
 amended and paragraphs (c) and (d) as added by chapter 560 of  the  laws
 of 2011, are amended to read as follows:
   (a) for a license issued pursuant to section fifty-five, fifty-five-a,
 SIXTY-THREE,   sixty-four,   sixty-four-a,  sixty-four-b,  sixty-four-c,
 sixty-four-d, eighty-one or eighty-one-a of this chapter;
   (b) for a renewal under section one hundred  nine  of  this  [chapter]
 ARTICLE   of   a   license   issued   pursuant  to  section  fifty-five,
 fifty-five-a,  SIXTY-THREE,  sixty-four,   sixty-four-a,   sixty-four-c,
 sixty-four-d, eighty-one or eighty-one-a of this chapter if the premises
 is located within the city of New York;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06082-02-9

 S. 1130--A                          2
 
   (c)  for approval of an alteration under section ninety-nine-d of this
 chapter if the premises is located within  the  city  of  New  York  and
 licensed  pursuant  to  section  fifty-five,  fifty-five-a, SIXTY-THREE,
 sixty-four,  sixty-four-a,  sixty-four-c,  sixty-four-d,  eighty-one  or
 eighty-one-a of this chapter; or
   (d) for approval of a substantial corporate change under section nine-
 ty-nine-d  of this chapter if the premises is located within the city of
 New York and licensed  pursuant  to  section  fifty-five,  fifty-five-a,
 SIXTY-THREE,   sixty-four,   sixty-four-a,  sixty-four-c,  sixty-four-d,
 eighty-one or eighty-one-a of this chapter.
   § 3. This act shall take effect immediately.

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